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District of Columbia Official Code 2001 Edition. |
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Division I. Government of District. |
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Title 10. Parks, Public Buildings, Grounds, and Space. |
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Subtitle III. Use of Public Space. |
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Chapter 11. Rental and Utilization of Public Space. |
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Subchapter I. General. |
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Part A. Definitions; Assessment of Government Rent; Minor Uses.
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As used in this subchapter, unless the context requires otherwise:
(1) "Mayor" means the Mayor of the District or his designated agent.
(1A) "Assessed value" means the estimated market value of the real property attributable to the land for purposes of real property taxation as of January 1 preceding the rent year.
(2) "District" means the District of Columbia.
(3) "Owner" means:
(A) Any person, or any one of a number of persons, in whom is vested all or any part of the beneficial ownership, dominion, or title of property;
(B) The committee, conservator, or legal guardian of an owner who is non compos mentis, a minor child, or otherwise under a disability; or
(C) A trustee elected or appointed, or required by law, to execute a trust, other than a trustee under a deed of trust to secure the repayment of a loan.
(4) "Parking" means that area of public space which lies between the property line and the edge of the actual or planned sidewalk which is nearer to such property line, as such property line and sidewalk are shown on the records of the District.
(5) "Property line" means the line of demarcation between privately owned property fronting or abutting a street and the publicly owned property in the line of such street.
(6) "Public space" means all the publicly owned property between the property lines on a street, as such property lines are shown on the records of the District, and includes any roadway, tree space, sidewalk, or parking between such property lines.
(7) "Street" means a public highway as shown on the records of the District, whether designated as a street, alley, avenue, freeway, road, drive, lane, place, boulevard, parkway, circle, or by some other term.
(8) "Vault" means a structure or an enclosure of space beneath the surface of the public space, including but not limited to tanks for petroleum products, except that the term "vault" shall not include public utility structures, pipelines, or tunnels constructed under the authority of subsection (d) of § 1-301.01, or structures or facilities of the District of Columbia or any structure or facility included in any lease agreement entered into by the Mayor. If such structure or enclosure of space be divided approximately horizontally into 2 or more levels, the term "vault" as used in this subchapter shall be considered as applying to 1 such level only, and each such level shall be considered a separate vault within the meaning of this subchapter.
(Oct. 17, 1968, 82 Stat. 1156, Pub. L. 90-596, title I, § 103; Mar. 2, 2007, D.C. Law 16-192, § 6013(a), 53 DCR 6899; Dec. 24, 2008, D.C. Law 17- 284, § 2(a), 55 DCR 11983.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 7-1001.
1973 Ed., § 7-902.
Effect of Amendments
D.C. Law 16-192, in par. (8), substituted "the District of Columbia or" for "the United States or the District of Columbia, or of any governmental entity or foreign government, or".
D.C. Law 17-284 added par. (1A).
Temporary Amendments of Section
Section 2(a) of D.C. Law 17-263 added a new 2nd unnumbered paragraph to read as follows: "'Assessed value' means the estimated market value of the real property attributable to the land for purposes of real property taxation as of January 1 preceding the rent year."
Section 6(b) of D.C. Law 17-263 provides that the act shall expire after 225 days of its having taken effect.
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 6013(a) of Fiscal Year 2007 Budget Support Emergency Act of 2006 (D.C. Act 16-477, August 8, 2006, 53 DCR 7068).
For temporary (90 day) amendment of section, see § 6013(a) of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2006 (D.C. Act 16-499, October 23, 2006, 53 DCR 8845).
For temporary (90 day) amendment of section, see § 6013(a) of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2007 (D.C. Act 17-1, January 16, 2007, 54 DCR 1165).
For temporary (90 day) amendment, see § 2(a) of Public Space Rental Fees Emergency Amendment Act of 2008 (D.C. Act 17-460, July 28, 2008, 55 DCR 8729).
Legislative History of Laws
Law 16-192, the "Fiscal Year Budget Support Act of 2006", was introduced in Council and assigned Bill No. 16-679, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on May 9, 2006, and June 6, 2006, respectively. Signed by the Mayor on August 8, 2006, it was assigned Act No. 16-476 and transmitted to both Houses of Congress for its review. D.C. Law 16-192 became effective on March 2, 2007.
Law 17-284, the "Public Space Rental Fees Amendment Act of 2008", was introduced in Council and assigned Bill No. 17-266 which was referred to the Committees on Public Services and Consumer Affairs and Public Works and the Environment. The Bill was adopted on first and second readings on July 15, 2008, and October 7, 2008, respectively. Signed by the Mayor on October 24, 2008, it was assigned Act No. 17-550 and transmitted to both Houses of Congress for its review. D.C. Law 17-284 became effective on December 24, 2008.
Change in Government
This section originated at a time when local government powers were delegated to the District of Columbia Council and to a Commissioner of the District of Columbia. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 (D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act (D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
Miscellaneous Notes
Establishment of the Public Space Committee, see Mayor's Order 2009-114, June 18, 2009 (56 DCR 6862).
§ 10-1101.02. Assessment of rent from United States, District or foreign governments not authorized.
Nothing contained in this subchapter shall be construed as requiring the Mayor to assess and collect rent from the government of the District of Columbia for the use, in accordance with the provisions of part B of this subchapter, of public space abutting property owned by any such government or governmental entity, nor shall any such government or governmental entity be subject to the payment of any rent required by this subchapter.
(Oct. 17, 1968, 82 Stat. 1157, Pub. L. 90-596, title I, § 104; Mar. 2, 2007, D.C. Law 16-192, § 6013(b), 53 DCR 6899; Mar. 25, 2009, D.C. Law 17- 353, § 139, 56 DCR 1117.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 7-1002.
1973 Ed., § 7-903.
Effect of Amendments
D.C. Law 16-192 substituted "the government of the District of Columbia for the use, in accordance with the provisions of part B of this subchapter" for "the government of the United States, the government of the District of Columbia, or any foreign government, for the use in accordance with the provisions of parts B and C of this subchapter".
D.C. Law 17-353 validated a previously made technical correction.
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 6013(b) of Fiscal Year 2007 Budget Support Emergency Act of 2006 (D.C. Act 16-477, August 8, 2006, 53 DCR 7068).
For temporary (90 day) amendment of section, see § 6013(b) of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2006 (D.C. Act 16-499, October 23, 2006, 53 DCR 8845).
For temporary (90 day) amendment of section, see § 6013(b) of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2007 (D.C. Act 17-1, January 16, 2007, 54 DCR 1165).
Legislative History of Laws
For Law 16-192, see notes following § 10-1101.01.
For Law 17-353, see notes following § 10-1016.
Change in Government
This section originated at a time when local government powers were delegated to the District of Columbia Council and to a Commissioner of the District of Columbia. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 (D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act (D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
Notwithstanding any other provisions of this subchapter, the Mayor is authorized, in his judgment and pursuant to regulations adopted and promulgated by the Council of the District of Columbia, to permit the occupancy of public space for minor uses without requiring rental payments when the fixing and collection of rental charges would not be feasible.
(Oct. 17, 1968, 82 Stat. 1157, Pub. L. 90-596, title I, § 105.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 7-1003.
1973 Ed., § 7-904.
Change in Government
This section originated at a time when local government powers were delegated to the District of Columbia Council and to a Commissioner of the District of Columbia. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 (D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act (D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
